HHS 2004 rulemaking on overlapping Medicare parts A & C is impermissibly retroactive - agency is bound to prior practice.
Concurrence - language of statute governs.
Northeast Hospital Corporation v. Kathleen Sebelius
Wednesday, September 14, 2011
DC Circuit -- Northeast Hospital Corporation v. Kathleen Sebelius
Ninth Circuit -- LOCAL JOINT EXECUTIVE BOARD V. NLRB
Employer violated 8(a)(5) of NLRA by ceasing dues check-off prior to bargaining to impasse.
No need to wait for Board to muster three votes - court rules on merits.
LOCAL JOINT EXECUTIVE BOARD V. NLRB
No need to wait for Board to muster three votes - court rules on merits.
LOCAL JOINT EXECUTIVE BOARD V. NLRB
Ninth Circuit -- BRADLEY JOHNSON V. POWAY UNIFIED SCHOOL DISTRICT
High school calculus class is not a limited public forum for teacher's religious speech.
BRADLEY JOHNSON V. POWAY UNIFIED SCHOOL DISTRICT
BRADLEY JOHNSON V. POWAY UNIFIED SCHOOL DISTRICT
Ninth Circuit -- LARRY MOORE V. MARICOPA COUNTY SHERIFF'S
Dismissals for lack of subject-matter-jurisdiction do not count as strikes for proceeding IFP.
LARRY MOORE V. MARICOPA COUNTY SHERIFF'S
LARRY MOORE V. MARICOPA COUNTY SHERIFF'S
Ninth Circuit -- E.T. V. TANI CANTIL-SAKAUYE
Challenge to state juvie justice system properly dismissed under Younger prudential abstention.
E.T. V. TANI CANTIL-SAKAUYE
E.T. V. TANI CANTIL-SAKAUYE
Ninth Circuit -- USA V. GABRIEL ALVAREZ-MORENO
The critical factor in Younger prudential abstention is not the violation of state laws, but rather the state's executive interest in seeing those particular laws enforced.
Pending state mandamus claims do not relieve federal court of obligation to hear claim.
USA V. GABRIEL ALVAREZ-MORENO
Pending state mandamus claims do not relieve federal court of obligation to hear claim.
USA V. GABRIEL ALVAREZ-MORENO
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